- Latest available (Revised)
- Point in Time (31/10/1994)
- Original (As enacted)
Version Superseded: 01/04/1996
Point in time view as at 31/10/1994.
Water Industry Act 1991, Cross Heading: General provisions protecting undertakings is up to date with all changes known to be in force on or before 20 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
1(1)Nothing in this Act conferring power on a relevant undertaker to carry out any works shall confer power to do anything, except with the consent of the persons carrying on an undertaking protected by this paragraph, which, whether directly or indirectly, so interferes or will so interfere—
(a)with works or property vested in or under the control of the persons carrying on that undertaking, in their capacity as such; or
(b)with the use of any such works or property,
as to affect injuriously those works or that property or the carrying on of that undertaking.
(2)Without prejudice to the construction of sub-paragraph (1) above for the purposes of its application in relation to the other provisions of this Act, that sub-paragraph shall have effect in its application in relation to the relevant sewerage provisions as if any use of, injury to or interference with any sluices, floodgates, sewers, groynes, sea defences or other works which are vested in or under the control of the NRA or an internal drainage board were such an interference with works or property vested in or under the control of the NRA or that board as to affect injuriously the works or property or the carrying on of the undertaking of the NRA or of that board.
(3)A consent for the purposes of sub-paragraph (1) above may be given subject to reasonable conditions but shall not be unreasonably withheld.
(4)Subject to the following provisions of this Schedule, any dispute—
(a)as to whether anything done or proposed to be done interferes or will interfere as mentioned in sub-paragraph (1) above;
(b)as to whether any consent for the purposes of this paragraph is being unreasonably withheld; or
(c)as to whether any condition subject to which any such consent has been given was reasonable,
shall be referred to the arbitration of a single arbitrator to be appointed by agreement between the parties to the dispute or, in default of agreement, by the President of the Institution of Civil Engineers.
(5)The following are the undertakings protected by this paragraph, that is to say-
(a)the undertakings of the NRA, the Civil Aviation Authority, [F1the Coal Authority] and the Post Office;
(b)the undertaking of any relevant undertaker;
(c)any undertaking consisting in the running of a telecommunications code system, within the meaning of Schedule 4 to the M1Telecommunications Act 1984;
(d)any airport to which Part V of the M2Airports Act 1986 applies;
(e)the undertaking of any public gas supplier within the meaning of Part I of the M3Gas Act 1986;
(f)the undertaking of any person authorised by a licence under Part I of the M4Electricity Act 1989 to generate, transmit or supply electricity;
(g)the undertaking of any navigation, harbour or conservancy authority or of any internal drainage board;
(h)the undertaking of any railway undertakers;
(i)any public utility undertaking carried on by a local authority under any Act or under any order having the force of an Act.
[F2(j)the undertaking of any licensed operator, within the meaning of the Coal Industry Act 1994;]
(6)For the purposes of this paragraph any reference in this paragraph, in relation to any such airport as is mentioned in sub-paragraph (5)(d) above, to the persons carrying on the undertaking is a reference to the airport operator.
Textual Amendments
F1Words in Sch. 13 para. 1(5)(a) substituted (31.10.1994) by 1994 c. 21, ss. 67(1), 68(2), Sch. 9 para. 42(a) (with s. 40(7)); S.I. 1994/2553, art. 2
F2Sch. 13 para. 1(5)(j) inserted (31.10.1994) by 1994 c. 21, s. 67(1), Sch. 9 para. 42(b) (with s. 40(7)); S.I. 1994/2553, art. 2
Modifications etc. (not altering text)
C1Sch. 13 para. 1(5)(e) amended (1.3.1996) by 1995 c. 45, s. 16(1), Sch. 4 para. 2(2)(m); S.I. 1996/218, art. 2
Marginal Citations
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: